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ARTICLE · 08 AUGUST 2013

Consultation On Draft Bill Regarding Mandatory Notification Of ICT Breaches In Vital Sectors

A public consultation is currently ongoing on a draft bill for the introduction of mandatory notification of ICT breaches in vital sectors.

NetherlandsPrivacy

A public consultation is currently ongoing on a draft bill for the introduction of mandatory notification of ICT breaches in vital sectors (name of proposed legislation in Dutch: Wet melding inbreuken elektronische informatiesystemen). The consultation opened on 22 July 2013 and will terminate on 17 September 2013. The draft bill does not provide for the imposition of sanctions.

The notification duty will only apply to providers of products or services whose availability or reliability are of vital importance for Dutch society (i.e. in sectors such as electricity, gas, water, telecommunications, finance, government and transport) and where the breach in question will or may have a significantly negative effect on the availability or reliability of the relevant product(s) or service(s). The duty will apply with respect to elements of vital infrastructure the breakdown of which would directly or indirectly lead to social disruption. The providers who will be subject to

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